Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
injured on my part time job and now i lost my fulltime job because of the injury..
#1
I was injured in a vehicle accident while delivering meals on wheels'that was my part time job 'only 25 hours per week.My full time job was a Cna'i ended up losing this job because i was out of work for a extended amount of time.I broke my c6 vertabrae'fractured sternum'lumbar fracture and now it has progressed into moderate to severe stenosis in my cervical area as well as in the lumbar region.My question is should i also recieve compensation from my fulltime job as well as my part time job'since i cant perform either.I have been out of work for 10 months and recieving ttd of a hundred dollars per week'i have 3 kids'rent'utilities'car payment'life insurance'car insurance'medication'phone bill and i have feed and clothes my kid.I live in the state of georgia any help would be appreciated'i have a lawyer but soon far'he's been little to no help on this issue'he continues to put this on the back burner??
 
Reply
#2
here is what Georgia comp law and case law  says about the issue:

"When an employee works for two separate and distinct employers prior to work related injury with one employer, an employee’s average weekly wage may be calculated to include both wages from both employers if the work performed by the employee for the employer is determined to be “concurrent similar” employment."

...O.C.G.A. §34-9-260(1)


"In order for the “concurrent similar” employment doctrine to be applicable, the employee is required to prove not necessarily that both jobs were exactly identical but that both jobs were sufficiently similar in nature and character and concurrent in time."

its difficult in these situations for the law to be fair to both the employer paying the benefits and employee receiving them.
depending on the evidence it may require litigation to adjust your temporary disability benefits.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
Thanks for your response ' so would the duties also be considered instead of just the job titles?
 
Reply
#4
as with any law interpretation is up to the court but the law does not limit the evidence to just job titles. anyone can make up a job title ( sanitation engineer v garbage man).
to judge "nature" and "character" would seem to require more then a few made up words in my opinion.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Re injured myself (not the workers comp injury) 241050 3 904 03-10-2018, 12:45 AM
Last Post: 1171
  on call employee-possilbe injury -lost time sprite49 1 1,015 09-08-2016, 02:06 PM
Last Post: 1171
Question Is it legal to be obligated to use my personal time for work related injury? OFilippov 1 3,146 08-22-2015, 01:55 PM
Last Post: 1171
  Injured on Part Time Job (Maryland) Mjlewis1140 4 3,225 02-26-2014, 12:59 AM
Last Post: Mjlewis1140
  offered part time work cbcalles 4 3,562 09-19-2013, 08:39 PM
Last Post: Manley2
Question Is it legal to be obligated to use my sick time for work related injury? lucy 11 75,663 05-07-2013, 09:39 AM
Last Post: bronco54501
  two part time jobs policy dixie6 3 3,645 10-26-2011, 11:17 AM
Last Post: 1171
  compensation for part time work injury?? llq1205 1 4,116 11-11-2010, 08:04 PM
Last Post: 1171
  I won my wc case in Missouri but lost the second injury fund won1stlost2nd 4 7,497 08-27-2010, 12:48 AM
Last Post: Bad Boy Bad Boy
  Is this part of original injury queenbee 16 5,753 11-18-2009, 01:44 PM
Last Post: chrischris

Forum Jump:


Browsing: 1 Guest(s)